Olympic Bombing Trial Update

In the "better late than never" category, I thought I would post some limited thoughts and links on the trial of Eric Rudolph, who has plead guilty to planting the bomb that exploded at the 1996 Olympic Games in Atlanta, killing 1 person and injuring over 100 others. Rudolph entered his guilty pleas, for the Olympic bombings as well as others, on Wednesday (Barry and Jarvie, "Rudolph Admits Bombing '96 Olympic Park, Clinics," LA Times, 04/14/05). The pleas will mean that he will spend the rest of his life in prison, but he avoids the possibility of the death penalty.

His plea agreements can be found here and here. The indictment can be found here.

In exchange for pleading guilty to the federal charges, the state officials have agreed not to bring additional charges against Rudolph. Without this fear of prosecution, Rudolph can be compelled to testify at the civil trials stemming from the Olympic bombing. Victims of that attack are suing both Rudolph and the Atlanta Committee for the Olympic Games, whom the plaintiffs claim did not provide adequate security or take reasonable measures to prevent the attack from taking place (Ringel, "Guilty plea may lead to Rudolph being key witness in Olympic bomb civil trials, Fulton County Daily Rpt, 04/12/05).

A key issue in the case will be whether or not Centennial Park, where the bombing took place, was for recreation or commercial activity. Based on a Georgia Supreme Court ruling from last year (ACOG v. Hawthorne, 278 Ga. 116), if the jury finds the park is recreational, the state Recreational Property Act would immunize ACOG from legal liability. If, however, the park is found to be commercial, liability can attach. The park, like most things at the Olympics, was full of tents, stores and advertisements for the big sponsors, including a sports bar run by Anheuser-Busch, a souvenir shop and a food court.

I hope that ACOG is not found liable in the civil case. This was the work of a madman, and it is unclear if additional security would have been any impediment to his malicious intent. But if the Olympic committee is found liable, then it will mean a new era of security at Olympic Games. The games of 2002 and 2004 already featured heightened security in the wake of 9/11, but the chance for legal liability would mean that any future games in the United States would be heavily locked down. There would be no more open gathering spaces like Centennial Park. Every entrance would feature intrusive security and the Games would more resemble a military compound than a place for human gathering. This would run counter to the spirit of the Games, which attempts to bring people together, not put up additional barriers.

Perhaps I am being naive; perhaps the days of large-scale international gatherings without imposing security are past. But I hope this is not true and not imposing liability upon a group that was clearly acting in good faith to protect everyone in Atlanta would be a positive step.

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